BERNSTEIN v. RED APPLE SUPERMARKETS, INC.


240 A.D.2d 228 (1997)

658 N.Y.S.2d 309

Ethel Bernstein et al., Plaintiffs, v. Red Apple Supermarkets, Inc., Defendant and Third-Party Plaintiff-Appellant Dumont Rental Service, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1997


The evidence at trial demonstrated that there was a slit or tear in the carpeted floor mat at the entrance to third-party plaintiff's store that caused plaintiff to trip, fall and to sustain injuries. Third-party plaintiff seeks indemnity or contribution from third-party defendant who supplied it with the mat, but its third-party complaint was dismissed during trial for failure to make out a prima facie case. The dismissal was proper. Third-party plaintiff adduced no evidence...

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